Salvatore Gallucci, et al. v. Boiron Inc., Boiron USA Inc.
Published: Jun. 2, 2012 | Result Date: Apr. 30, 2012 | Filing Date: Jan. 1, 1900 |Case number: 3:2011-cv-02039 Settlement – $5,000,000
Court
USDC Southern District of California
Attorneys
Plaintiff
Ronald A. Marron
(Law Offices of Ronald A. Marron APLC)
Beatrice Skye Resendes
(Watkins Firm APC)
Defendant
Christina G. Sarchio
(Dechert LLP)
Sotera Anderson
(Law Offices of Sotera L. Anderson)
Facts
Plaintiffs, on behalf of a class of consumers who purchased Boiron, Inc. homeopathic products, including but not limited to Oscillococcinum, Arnicare, Chestal, Camilia, Quietude, and Coldcalm beginning on Jan. 1, 2000, filed a class action against Boiron.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiffs alleged that defendant made false and deceptive claims regarding the products' treatment of ailments, including the flu, arthritis, sore joints, joint pain, aches, fever, coughs, and insomnia. Plaintiffs claimed that the active ingredients of the products were diluted to the extent that they were ineffective, and that failure to disclose lack of oversight by Food and Drug Agency for the claimed uses plus failure to disclose extent of dilution in a language understandable to average consumers was misleading
DEFENDANT'S CONTENTIONS:
Boiron denied liability.
Result
Boiron agreed to provide $5 million to consumers and to implement labeling and web site changes.
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